[Adopted 12-22-2021 by L.L. No. 2-2021]
It is the intent of this article for the Town of North Greenbush
to opt out of allowing cannabis on-site consumption establishments
within the Town of North Greenbush that would be otherwise allowed
under New York State Cannabis Law Article 4.
This article is adopted pursuant to New York State Cannabis
Law § 131 which expressly authorizes the Town Board to adopt
a local law requesting the Cannabis Control Board to prohibit the
establishment of cannabis on-site consumption establishments within
the jurisdiction of the Town of North Greenbush and is subject to
a permissive referendum, the procedure of which is governed by New
York Municipal Home Rule Law § 24.
The Town Board of the Town of North Greenbush hereby opts out
of allowing cannabis on-site consumption sites from being established
and operated within the Town's jurisdiction. Cannabis retail
dispensaries are hereby allowed within the boundaries of the Town
of North Greenbush in accordance with the criteria established under
the New York Cannabis Law and all other applicable laws or codes.
If any part or provision of this article or the application
thereof to any person or firm or corporation or circumstance be shall
adjudged invalid or unconstitutional by any court of competent jurisdiction,
such judgment shall be confined in its operation to the part or provision
or application directly involved in the controversy in which judgment
shall have been rendered and shall not affect or impair the validity
of the remainder of this article or the application thereof to other
persons, firm corporation or circumstance, and the Town Board of the
Town of North Greenbush hereby declares that it would have passed
this article or the remainder thereof had such invalid application
or invalid provision been apparent.
This article is subject to a referendum on petition in accordance
with New York State Cannabis Law § 131 and the procedure
outlined in New York Municipal Home Rule Law § 24.
This article shall take effect immediately upon filing in the
office of the Secretary of State. A petition, to be valid, must be
submitted within 45 days of the date of adoption of this article.